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HomeMy WebLinkAbout2009-265 �0/mVe 8. � �oaQ - a,6S" AGREEMENT BETWEEN INDIAN RIVER COUNTY AND KELLY COLLINS & GENTRY , INC . I 'OR PROFESSIONAL SSIONAL CIVIL ENGINEERING SERVICES FOR 16r " S ' I` RI? I;"1 ' 1 1 1Ei AND 66th AVENUE LI 'TIGAT'ION This AGRF� F %1 11 ? Nf , entered into this _.�, ,131h_ day of -- . ' 009 , by and between INDIAN RIVER COUNTY , a political subdivision of the State of Florida , 1801 27 ' x ' Street , Vero Beach , FL 32960 , hereinafter referred to as the COUNTI' , and KELLY COLLINS c� GENTRY INC . , 1700 North Orange Avenue , Suite 400 , Orlando , FL 32804 , hereinafter referred to as the F'NGINL I : R , w1 "rNE? SSE "rii The COUNTY and the ENGINFF,, R , in consideratitm of their mutual covenants , herein agree with respect to the performance oI- professiotlal civil engineering in eminent domain litigation and m'ol rty acquisition , and related services by or through the ENGINEER and the payment for those services by the COUNTY as set forth below . The MG11NEER shall provide professional civil engineering services , advice in eminent domain litigation and property acquisition together with related services for the COUNTY for the projects described in Section III - Scrape of services ; and shall give professional engineeaing advice and opinions to the COUNTY during the performance of the services to be rendered . SECTION I - PROJECT LIMITS AND DESCRIPTION Consultant services are required for litigation assistance in eminent domain litigation and propertNe acquisition along 66' x' Avenue and I6`1 ' Street in unincorporated Indian River County , Florida , The road �� ay improvements identitied by the COUNTY consist of the following : T'lic COUNTY desires to improve 66 °i Avenue between State Road 60 and Barber Street . ' file improvements will consist of widening 66i11 Avenue from 2 to 4 lanes with a divided median and constructing new bridges over the canal . The COUNTY desires to improve 16° Street between 66"' Avenue and 701 Avemrc . The itnprovenacnts will consist of paving the existing dirt road (2 lanes ) with improved dl-aiM 4 ) SECTION II - COUNTY OBLIGATIONS Mlle COUNTY agrees to provide ( in a timm ely anner) the following material , da[ a , or service ~ as required in connection with the work to be pertbrmed under this Agreement : all of which information the F� NGINFFR may use and reasonably rely upon : A . Provide the i NGINFER with all available drawings , right- of= way maps , and other documents in the possession of the COUNTY pertinent to the project . I3 . file ( : Ot1Nl' Y shall be responsible f) 14 acxluiring all abstracts of title for cath parcel necessary tier constRrction . { ' . The C: ( ) LINTY shall make provisirans for the ENGINED, to enter upon public and private property as required for the F'_NGINEFR to perlbrrn his services . SECTION Ili - SCOPE OF SI? RVIC' h: S " The ENGINI f R agrees to perform professional civil eugincering services , advice and testimony in eminent domain litigation and property acquisition and related services in connection with the projects as required and set forth in the fallowing : A . General 1 . TI E?NGINEER will endeavor not to duplicate ally previous WOltk done on the project . After issuance of written authorization to proceed the E.N6lNEt : R shall c (Alsult with the COUNTY to clarify and define the COUNTY ' S requitemcnts fur the project and review available data . 2 , In order to accomplish the work described under this Agreement in the time frames and conditions set forth in this Agreement, the ENGINEER will observethe following requirements : a . The ENGINEER will coutplete his work on the project within the time allowcd by maintaining an adequate staff of registered engineers , draftsmen , and other employees on the work . b . The ENGINEER will base all tight of= way cost estimates fol roadway alternatives so as to be in reasonable conformance with applicable fcileral , state atui local laws , and shall comply with the Florida Department of `Transportation 's Manual on Uniform Minimum Standards for the Design , Construction , and ;�2taintenance of Streets and 1, ligilways (Green Book) , latest edition . C6 The ENGINELA will cooperate with the COUN "IY in order that all work may he properly scheduled and Coordinated . d . The ENGINEER shall report the status afthis project to the Director ofthe Public Works Department Upon request and hold all drawings , calculations anf.l related work open to the inspection of the Director or his authorized agent at any time, upas reasonable request , 31 Compensation to the F,,NGINEER for basic services sit ' 11 be in accordance with Sectioa7 v — Compensation , of this Agreement , as mutUrtlly agreed upon by the ENGINEER and COUNTY , sF, CTION IV - TIME FOR ( 40MPL ETION The time Io ,- completion of I'NGINEER ' S mitis ) report on all assigned project shail be sixty ( 60 ) days from notice to proceed . SEx" I ' ION V - COMPI? NSATION The COUN " hY agrees to pay and the FNI GINf_ ER agrees to accept Cae services rendered pursusnt to this Agreement in accordance with the fee schedule attached as EXIIIBIT A SFCTION Vi - ADDITIONAL WORK In the event change or nuxliiications such as additions or deletions bccomu desired by the Cot those ChaUpes shall be the subject of a PN if fee schedule included in the work order . SECTION Vit - PARTIAL PAYIYIENTS ' File COUNTY shall make payments to the ENGINFFR as identified in this Agreement . Payment shall be made pursuant to the Local Government Prompt Payment Act , Florida Statute 21 S - 70 e ( sect . SECTION Vill - FXTRA WORT{ In the event extra work is necessary by the ',NGINGI? R clue to a chaaage in scope of the project . such work shall be the subject of a supplemental Work Order approved by the Board of County Commissioners . SECTION iX - w ( MT OF DECISIONS All services shall be performed by the E,NGINEIR to flee satisfaction of the Director ofthe Public Works Department who shall decide all questions , difficulties , and disputes of whatever nature which may' arise under o - by reason of this Agreement and according to the prosecution and fulfillment of the service hereunder, and the character , quality, amount and vahre thereof, and the Director' s decision upon all claims questions and disputes shall be final , conclusive arui binding upon the parties hereto unless such cieteIll ) i ) ,Itiou is clearly arbitrary or unreasonable . Adjustments of compensation and contract time because of any major changes in the work that might become necessary or be deemed desirable as the work progresses shall be revieNved by the Director othe Pupum Public Works De < tent . In the event Chat the 1~ NGINI . FR does not concur in f the judgment of the I) ircctor of, the Public Works Department as to any decisions made by him be shall present bis written objections to the County Administrator; and the Public Works Director and the ENGINE, R shall abide by tlae decision of the County Administrator of Indian River County , unless the decision is clearly arbitary or unreasonable . SECTION X - OWNERSHIP AND REUSE OF DOCUMENTS A . Ownership All reports , tracings , plans , specitications , field books , survey information , maps . contract docuamcnts , and other data developed b_y the Iif `NGINI , LR tier the purpose of this Agreement s11311 become the property of the COUNI Y and shall be made available by the LNGINh,ER at any time upon request of the COUNfY . ` ilea all work contemplated under this Agreement is complete , all of the above data shall be delivered to the Director of the Public Works Department . {; . Rous lOf Documents All documents , including tint not limited to drawings and specifications , prepared by the I� NGINI? I; R pursuant to this A ( recment arc related exclusively to the services described herein . They are not intended or rcprc.sented to be suitable for reuse by the COl_1N ' tY or others on extensions ofthis project or ora any other project . Any such utilisation or adaptation will entitle the FNGINI FT' R to further compensation at rates to h wrkc04 upon by the COUN " I ' Y and the I" NGINb. IdR . " I ' he I �N ( TINI : ER shall not be held liable R1r any reuse of the DOCUmCilts and shall not be held liable for any ulcxlifications made to the documents by otther:s . SECTION XI - NOTICES Any notices, reports or other written communications fiom the E. W.; INLER to the COUNTY shall be considered delivered when posted by certified mail or delivered ill person to the Director 0I the Public Works Department or County Engineer . Any notices , reports or other conununications from the COUNTY to the VNGFNEER shall be considered delivered when posted by cettified mail to the ENGINITR at the last address left on file with the COUNTY or delivered in person to said f :NGINII� R or his authorised representative . Ill person deliveries shell be evident by signed receipts . SECTION XII - TERMINATIONS The obligation to provide further services under this Agreement may be terminated by either party upon seven (7 ) days written notice in the event of substantial failure by the other party to perlurm in accordance with the terms hereof through no frtult of the terminating party . The County may , for public convenience , terulillate this contract at any time provided 90 days written notice is given to the VNGINEl" R . hl the event orally terminations , the I?NGINI1I: R will be paid for all services rencicrecl to the date of termination , all expenses subject to reimbursement hereunder, and other reasonable expenses incurred by the F? NGiNEER as it result ofsuch termination . SECTION XIII - AUDIT RIGIFIAS 'I'he COUNTY reserves the right to audit the records of the I?NGINEER related to this Agreemelit at any time during, the prosecution of the work included herein and for a period of one year after final payment is made . S14,, CTION XIV - SUBLETTING The ENGINEER shall not sublet , assign , or transfer ally \vorlc under this Agreement without the Wconsent of tie COUNTY . When applicable and upon receipt of such consent in writiirg, the ENGINEER shall cause the sanies of the engineering and surveying trans responsible for the major portions of each separate specialty oft I I c work to be iIse rtcd on the reports or other data . SECTION XV - WARRANTY The L;NGINEER warrants that he has not employed or retained any company or person n other than bond tide employee working solely for the ENC, tNIER or subcorrsultant to solicit or secure this contract and that he has not paid oilagreed to pay any company or person other than a bona fide employee working solely for the ENGINEER any fee , commission , percentage fee gifts or any other considerations , contingent upon or resulting from the ,waj*d or making of this contract . For breach Violation ofthis warranty , the COUNTY shall have the right to annul this contract without liability . su,, CTION XVI All DURATION OF AGRE11A141EN "1' This Aorecment shall remain in full force and effect fur a period of tool year �+ fter the d <rte ( ) I 'execution hereof or until completion of all project phases as speciflcd by the Public Works Director , whichever occurs I 'll-St , or unless other ise terminated by mutual consent of the parties hereto or pursuant to Section XII of this Al: IRFEMIANI.Al: . Sli. C 'i' I ) N XV11 - INSURANCE AND INDFN'lN1rICATION �yC; RIa , . I Z shall . During the petbrme ol ' the coveed bthis m provide the COl1N ' I � Y with evidence that the ENGINI . i=? R Inas obtained and maintains the insurance listed below : d A . F?NGINEER shall procure and maintain for the duration of the AGREEh>IEWh, insurance against claims for injuries to persons or damages to property which may arise from or it , connection with the periiormance of the work hereunder by the F, NGINLER , his agents , representatives , employees , and in accordance with subclause 11 , subconsultxnts . ' I 'he cost of such insurance shall be iucludcd in the ENGINEER' S tee . R . 1Vlillimum Scope of lnsurance I . Worker' s Compensation as required by the State of Florida , 2 General Liability $ 1 , 000 , 000 combined single limit per accident t" bodily injury Mid property damage . COUNTY shall be an additional insured . 3 . Auto liability $ 1 ,000 , 000 combined single limit per accident for bodily injury and property damage for owned and non - owned vehicles . d . Professional Liability Insurance providing coverage for negligent acts , errisrs , or omissions committed by I.NGINEER with a limit of $ 500 , 000 per claim / annual aggregate. This insurance shall extend coverage to loss of interest , earning, piolit , use and business interruption , cost of replacement power, and other special , indirect and consequential danrtges . C; . F,NGINFF, R ' S applicable insurance coverage shall be primary . D . All above insurance policies shall be placed with insurers with a l3est 's rating of no less that A VII . The insurer chosen shall also be licensed to do business in Florida . f? . The insurance policies procured , other than professional liability , shall be occurrence forms , not claims made policies . Professional liability shall be on a claims made basis . 14 . Tile insurance companies chosen shall provide certificates of insurance prior to signing of contracts to the Indian River County Risk Management Department . { , . The insurance companies selected shall sell (, written verification to the Indian River County Risk Management Department that they will provide 30 days written notice to the Indian River County Department of Risk Management of its intent to cancel or terminate said policies of insurance . 1I . ENGINEER shall either include each subconSLIltanlS as insured under its policies or shall furnish separate certificates and endorsements fixi each subconsultant . All coverages fir subcollsuftants shall be subject to all of the requirements stated herein . ( , Notwithstanding the provisions of s . 725 . 06 , if a design professional provides professional services to or for a pulalic agency , the agency may require ill professional services contract with the design professional that the design professional indemnify and hold h untlass the agency , and its officers and employees , From liabilities , damages , losses , intd costs , including , but not limited to , reasonable attorneys ' tees , to the extent e utsed bI the negligence , recklessness , or intentionally wrongful con (Iuct of the design ptotessional and other persons employed or utilized by the design processional in the perfi� rmance oFthc contract . SECTION XVIII - ENTIRETY OF ACRE MEN `I' This writing embodies the entire AGREEMEN `f and tmderstanding between the parties hereto , and there are no other agreements and understandings, oral or written , with reference to the subject matter hereof that are not merged herein and superseded hereby . No alteration , change , or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto . This AGREEMENT, regardless of %vhere executed , shall be governed by and construed according N to the laws of the State of l �' lorida . IN Wl 'hNI: SS WHL: RI;C) h the patties hereto have executed these presents this _ 13th _ ._ day of' October , 2009 , KGI , I_Y COLLINS & Gf ?Nl' RY INC . , INDIAN RIVER CMJ NTY , FLORIDA 1700 North Orange Avenue , Suite 400 Orland , hL 32804 --- By : -- Harold H . ollins , Jr , WeslcY S . Davts , t + tmin Director Board of County Contt» tSatonets Oct Approved by BCC_ - _ ober 13 , 2009 WITN1? SSE; D BY : Attest : --- __ Jeffrey K . Barton , Clerk of Circuit Cotnrt __ Deputy Clerk 1�� illiam K . DcBtaal Deputy County Attorney Approved as to form and Legal Sufficiency Joseph A . 13 nd , County Administrator lQURLY RATES Principal EngMeel Senior l .nginee.r l 25 Senior Planner- 125 Project Manager S 105 Landscape architect S85 Pro ect 1L, n � ineer 575 CADD Operntor Sb5